Accident benefits application dismissed as medical evidence submitted related to a different, prior accident.
The applicant sought accident benefits following a November 2018 motor vehicle accident where she was rear-ended in a parking lot.
The insurer denied a $2,200 treatment plan for a psychiatric and chronic pain assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the medical evidence submitted by the applicant, including reports from various specialists, related to a prior, unrelated accident from February 2018 where she was struck as a cyclist or pedestrian.
Consequently, the applicant failed to meet her burden to prove her injuries from the subject accident warranted removal from the MIG or entitlement to the disputed treatment plan.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 23, 2024
